37-15-38. (1) The
following phrases have the meanings ascribed in this section unless the context
clearly requires otherwise:

(a) A dual enrolled
student is a student who is enrolled in a community or junior college or state
institution of higher learning while enrolled in high school.

(b) A dual credit
student is a student who is enrolled in a community or junior college or state
institution of higher learning while enrolled in high school and who is
receiving high school and college credit for postsecondary coursework.

(2) A local school board,
the Board of Trustees of State Institutions of Higher Learning and the State
Board for Community * * * Colleges shall establish a dual
enrollment system under which students in the school district who meet the
prescribed criteria of this section may be enrolled in a postsecondary institution
in Mississippi while they are still in school.

(3) Dual credit eligibility.
Before credits earned by a qualified high school student from a community or
junior college or state institution of higher learning may be transferred to
the student's home school district, the student must be properly enrolled in a
dual enrollment program.

(4) Admission criteria
for dual enrollment in community and junior college or university programs.
The boards of trustees of the community and junior college districts and the
Board of Trustees of State Institutions of Higher Learning may recommend to the
State Board of Education admission criteria for dual enrollment programs under
which high school students may enroll at a community or junior college or university
while they are still attending high school and enrolled in high school
courses. Students may be admitted to enroll in community or junior college
courses under the dual enrollment programs if they meet that individual
institution's stated dual enrollment admission requirements.

(5) Tuition and cost
responsibility. Tuition and costs for university-level courses and
community and junior college courses offered under a dual enrollment program
may be paid for by the postsecondary institution, the local school district,
the parents or legal guardians of the student, or by grants, foundations or
other private or public sources. Payment for tuition and any other costs must
be made directly to the credit-granting institution.

(6) Transportation
responsibility. Any transportation required by a student to participate in
the dual enrollment program is the responsibility of the parent, custodian or
legal guardian of the student. Transportation costs may be paid from any
available public or private sources, including the local school district.

(7) School district
average daily attendance credit. When dually enrolled, the student may be
counted, for adequate education program funding purposes, in the average daily
attendance of the public school district in which the student attends high
school.

(8) High school student
transcript transfer requirements. Grades and college credits earned by a
student admitted to a dual credit program must be recorded on the high school
student record and on the college transcript at the university or community or
junior college and high school where the student attends classes. The
transcript of the university or community or junior college coursework may be
released to another institution or applied toward college graduation
requirements.

(9) Determining factor
of prerequisites for dual enrollment courses. Each university and
community or junior college participating in a dual enrollment program shall
determine course prerequisites. Course prerequisites shall be the same for
dual enrolled students as for regularly enrolled students at that university or
community or junior college.

(10) Process for
determining articulation of curriculum between high school, university, and
community and junior college courses.All dual credit courses must
meet the standards established at the postsecondary level. Postsecondary level
developmental courses may not be considered as meeting the requirements of the
dual credit program. Dual credit memorandum of understandings must be established
between each postsecondary institution and the school district implementing a
dual credit program.

(11) Ineligible
courses for dual credit programs. Any course that is required for subject
area testing as a requirement for graduation from a public school in
Mississippi is not eligible for dual credit.

(12) Eligible courses
for dual credit programs. Courses eligible for dual credit include, but
are not necessarily limited to, foreign languages, advanced math courses,
advanced science courses, performing arts, advanced business and technology,
and career and technical courses. All courses being considered for dual credit
must receive unconditional approval from the superintendent of the local school
district and the chief instructional officer at the participating community or
junior college or university in order for college credit to be awarded. A
university or community or junior college shall make the final decision on what
courses are eligible for semester hour credits. * * *

(13) High school
Carnegie unit equivalency. One (1) three-hour university or community or
junior college course is equal to one (1) high school Carnegie unit. * * *

(14) Course
alignment. * * * The universities, community and junior
colleges and the State Department of Education shall periodically review
their respective policies and assess the place of dual credit courses within
the context of their traditional offerings.

(15) Maximum dual
credits allowed. It is the intent of the dual enrollment program to make
it possible for every eligible student who desires to earn a semester's worth
of college credit in high school to do so. A qualified dually enrolled high
school student must be allowed to earn an unlimited number of college or
university credits for dual credit.

(16) Dual credit program
allowances. A student may be granted credit delivered through the
following means:

(a) Examination
preparation taught at a high school by a qualified teacher. A student
may receive credit at the secondary level after completion of an approved
course and passing the standard examination, such as an Advanced Placement or
International Baccalaureate course through which a high school student is
allowed CLEP credit by making a three (3) or higher on the end-of-course examination.

(b) College or
university courses taught at a high school or designated postsecondary site by
a qualified teacher who is an employee of the school district and approved as
an instructor by the collaborating college or university.

(c) College or
university courses taught at a college, university or high school by an
instructor employed by the college or university and approved by the
collaborating school district.

(d) Online courses of
any public university, community or junior college in Mississippi.

(17) Qualifications of
dual credit instructors. A dual credit academic instructor must meet the
requirements set forth by the regional accrediting association (Southern
Association of College and Schools). University and community and junior
college personnel have the sole authority in the selection of dual credit
instructors.

A dual credit career and
technical education instructor must meet the requirements set forth by the
State Board for Community and Junior Colleges in the qualifications manual for
postsecondary career and technical personnel.

(18) Guidance on local
agreements. The Chief Academic Officer of the State Board of Trustees of
State Institutions of Higher Learning and the Chief Instructional Officers of
the State Board for Community and Junior Colleges and the State Department of
Education, working collaboratively, shall develop a template to be used by the
individual community and junior colleges and institutions of higher learning
for consistent implementation of the dual enrollment program throughout the
State of Mississippi.

(19) Mississippi
Works Dual Enrollment-Dual Credit Option. A local school board and the
local community colleges board shall establish a Mississippi Works Dual
Enrollment-Dual Credit Option Program under which potential or recent student
dropouts may dually enroll in their home school and a local community college
in a dual credit program consisting of high school completion coursework and a
community college credential, certificate or degree program. Students
completing the dual enrollment-credit option may obtain their high school
diploma while obtaining a community college credential, certificate or degree.
The Mississippi Department of Employment Security shall assist students who
have successfully completed the Mississippi Works Dual Enrollment-Dual Credit
Option in securing a job upon the application of the student or the
participating school or community college. The Mississippi Works Dual
Enrollment-Dual Credit Option Program will be implemented statewide in the 2012-2013
school year and thereafter. The State Board of Education, local school board
and the local community college board shall establish criteria for the Dual
Enrollment-Dual Credit Program. Students enrolled in the program will not be
eligible to participate in interscholastic sports or other extracurricular
activities at the home school district. Tuition and costs for community
college courses offered under the Dual Enrollment-Dual Credit Program shall not
be charged to the student, parents or legal guardians. When dually enrolled,
the student shall be counted for adequate education program funding purposes,
in the average daily attendance of the public school district in which the
student attends high school, as provided in Section 37-151-7(1)(a). Any
transportation required by the student to participate in the Dual Enrollment-Dual
Credit Program is the responsibility of the parent or legal guardian of the
student, and transportation costs may be paid from any available public or
private sources, including the local school district. Grades and college
credits earned by a student admitted to this Dual Enrollment-Dual Credit
Program shall be recorded on the high school student record and on the college
transcript at the community college and high school where the student attends
classes. The transcript of the community college coursework may be released to
another institution or applied toward college graduation requirements. Any
course that is required for subject area testing as a requirement for
graduation from a public school in Mississippi is eligible for dual credit, and
courses eligible for dual credit shall also include career, technical and
degree program courses. All courses eligible for dual credit shall be approved
by the superintendent of the local school district and the chief instructional
officer at the participating community college in order for college credit to
be awarded. A community college shall make the final decision on what courses
are eligible for semester hour credits and the local school superintendent,
subject to approval by the Mississippi Department of Education, shall make the
final decision on the transfer of college courses credited to the student's
high school transcript.

(a) "Adequate
program" or "adequate education program" or "Mississippi
Adequate Education Program (MAEP)" shall mean the program to establish
adequate current operation funding levels necessary for the programs of such
school district to meet at least a successful Level III rating of the
accreditation system as established by the State Board of Education using
current statistically relevant state assessment data.

(b) "Educational
programs or elements of programs not included in the adequate education program
calculations, but which may be included in appropriations and transfers to
school districts" shall mean:

(i) "Capital
outlay" shall mean those funds used for the constructing, improving,
equipping, renovating or major repairing of school buildings or other school
facilities, or the cost of acquisition of land whereon to construct or
establish such school facilities.

(ii) "Pilot
programs" shall mean programs of a pilot or experimental nature usually
designed for special purposes and for a specified period of time other than
those included in the adequate education program.

(iii) "Adult
education" shall mean public education dealing primarily with students
above eighteen (18) years of age not enrolled as full-time public school
students and not classified as students of technical schools, colleges or
universities of the state.

(iv) "Food
service programs" shall mean those programs dealing directly with the
nutritional welfare of the student, such as the school lunch and school
breakfast programs.

(c) "Base
student" shall mean that student classification that represents the most
economically educated pupil in a school system meeting the definition of
successful, as determined by the State Board of Education.

(d) "Base student
cost" shall mean the funding level necessary for providing an adequate
education program for one (1) base student, subject to any minimum amounts
prescribed in Section 37-151-7(1).

(e) "Add-on
program costs" shall mean those items which are included in the adequate
education program appropriations and are outside of the program calculations:

(i)
"Transportation" shall mean transportation to and from public schools
for the students of Mississippi's public schools provided for under law and
funded from state funds.

(ii)
"Vocational or technical education program" shall mean a secondary
vocational or technical program approved by the State Department of Education
and provided for from state funds.

(iii)
"Special education program" shall mean a program for exceptional
children as defined and authorized by Sections 37-23-1 through 37-23-9, and
approved by the State Department of Education and provided from state funds.

(iv) "Gifted
education program" shall mean those programs for the instruction of
intellectually or academically gifted children as defined and provided for in
Section 37-23-175 et seq.

(v)
"Alternative school program" shall mean those programs for certain
compulsory-school-age students as defined and provided for in Sections 37-13-92
and 37-19-22.

(vi)
"Extended school year programs" shall mean those programs authorized
by law which extend beyond the normal school year.

(vii)
"University-based programs" shall mean those university-based
programs for handicapped children as defined and provided for in Section 37-23-131
et seq.

(f)
"Teacher" shall include any employee of a local school who is
required by law to obtain a teacher's license from the State Board of Education
and who is assigned to an instructional area of work as defined by the State
Department of Education.

(g)
"Principal" shall mean the head of an attendance center or division
thereof.

(h)
"Superintendent" shall mean the head of a school district.

(i) "School
district" shall mean any type of school district in the State of
Mississippi, and shall include agricultural high schools.

(j) "Minimum
school term" shall mean a term of at least one hundred eighty (180) days
of school in which both teachers and pupils are in regular attendance for
scheduled classroom instruction for not less than sixty percent (60%) of the
normal school day. It is the intent of the Legislature that any tax levies
generated to produce additional local funds required by any school district to
operate school terms in excess of one hundred seventy-five (175) days shall not
be construed to constitute a new program for the purposes of exemption from the
limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107
for new programs mandated by the Legislature.

(k) The term
"transportation density" shall mean the number of transported
children in average daily attendance per square mile of area served in a school
district, as determined by the State Department of Education.

(l) The term
"transported children" shall mean children being transported to
school who live within legal limits for transportation and who are otherwise
qualified for being transported to school at public expense as fixed by
Mississippi state law.

(m) The term
"year of teaching experience" shall mean nine (9) months of actual
teaching in the public or private schools. In no case shall more than one (1)
year of teaching experience be given for all services in one (1) calendar or
school year. In determining a teacher's experience, no deduction shall be made
because of the temporary absence of the teacher because of illness or other
good cause, and the teacher shall be given credit therefor. Beginning with the
2003-2004 school year, the State Board of Education shall fix a number of days,
not to exceed forty-five (45) consecutive school days, during which a teacher
may not be under contract of employment during any school year and still be
considered to have been in full-time employment for a regular scholastic term.
If a teacher exceeds the number of days established by the State Board of
Education that a teacher may not be under contract but may still be employed,
that teacher shall not be credited with a year of teaching experience. In
determining the experience of school librarians, each complete year of continuous,
full-time employment as a professional librarian in a public library in this or
some other state shall be considered a year of teaching experience. If a full-time
school administrator returns to actual teaching in the public schools, the term
"year of teaching experience" shall include the period of time he or
she served as a school administrator. In determining the salaries of teachers
who have experience in any branch of the military, the term "year of
teaching experience" shall include each complete year of actual classroom
instruction while serving in the military. In determining the experience of
speech-language pathologists and audiologists, each complete year of continuous
full-time post master's degree employment in an educational setting in this or
some other state shall be considered a year of teaching experience. Provided,
however, that school districts are authorized, in their discretion, to
negotiate the salary levels applicable to certificated employees employed after
July 1, 2009, who are receiving retirement benefits from the retirement system
of another state, and the annual experience increment provided in Section 37-19-7
shall not be applicable to any such retired certificated employee.

(n) The term
"average daily attendance" shall be the figure which results when the
total aggregate attendance during the period or months counted is divided by
the number of days during the period or months counted upon which both teachers
and pupils are in regular attendance for scheduled classroom instruction less
the average daily attendance for self-contained special education classes and,
prior to full implementation of the adequate education program the department
shall deduct the average daily attendance for the alternative school program
provided for in Section 37-19-22.

(o) The term
"local supplement" shall mean the amount paid to an individual
teacher over and above the adequate education program salary schedule for
regular teaching duties.

(p) The term
"aggregate amount of support from ad valorem taxation" shall mean the
amounts produced by the district's total tax levies for operations.

(q) The term
"adequate education program funds" shall mean all funds, both state
and local, constituting the requirements for meeting the cost of the adequate
program as provided for in Section 37-151-7.

(r)
"Department" shall mean the State Department of Education.

(s)
"Commission" shall mean the Mississippi Commission on School
Accreditation created under Section 37-17-3.

(t) The term "successful
school district" shall mean a Level III school district as designated by
the State Board of Education using current statistically relevant state
assessment data.

(u) "Dual
enrollment-dual credit programs" shall mean programs for potential or recent
high school student dropouts to dually enroll in their home high school and a
local community college in a dual credit program consisting of high school
completion coursework and a credential, certificate or degree program at the
community college, as provided in Section 37-15-38(19).

37-151-7. The annual
allocation to each school district for the operation of the adequate education
program shall be determined as follows:

(1) Computation of the
basic amount to be included for current operation in the adequate education
program. The following procedure shall be followed in determining the
annual allocation to each school district:

(a) Determination
of average daily attendance. Effective with fiscal year 2011, the State
Department of Education shall determine the percentage change from the prior
year of each year of each school district's average of months two (2) and three
(3) average daily attendance (ADA) for the three (3) immediately preceding
school years of the year for which funds are being appropriated. For any
school district that experiences a positive growth in the average of months two
(2) and three (3) ADA each year of the three (3) years, the average percentage
growth over the three-year period shall be multiplied times the school
district's average of months two (2) and three (3) ADA for the year immediately
preceding the year for which MAEP funds are being appropriated. The resulting
amount shall be added to the school district's average of months two (2) and
three (3) ADA for the year immediately preceding the year for which MAEP funds
are being appropriated to arrive at the ADA to be used in determining a school
district's MAEP allocation. Otherwise, months two (2) and three (3) ADA for
the year immediately preceding the year for which MAEP funds are being
appropriated will be used in determining a school district's MAEP allocation.
In any fiscal year prior to 2010 in which the MAEP formula is not fully funded,
for those districts that do not demonstrate a three-year positive growth in
months two (2) and three (3) ADA, months one (1) through nine (9) ADA of the
second preceding year for which funds are being appropriated or months two (2)
and three (3) ADA of the preceding year for which funds are being appropriated,
whichever is greater, shall be used to calculate the district's MAEP
allocation. The district's average daily attendance shall be computed and
currently maintained in accordance with regulations promulgated by the State
Board of Education. The district's average daily attendance shall include
any student enrolled in a Dual Enrollment-Dual Credit Program as defined and
provided in Section 37-15-38(19). The State Department of Education shall make
payments for Dual Enrollment-Dual Credit Programs to the home school in which
the student is enrolled, in accordance with regulations promulgated by the
State Board of Education. The community college providing services to students
in a Dual Enrollment-Dual Credit Program shall require payment from the home
school district for services provided to such students at a rate of one hundred
percent (100%) of ADA. All MAEP/state funding shall cease upon completion of
high school graduation requirements.

(b) Determination
of base student cost. Effective with fiscal year 2011 and every fourth
fiscal year thereafter, the State Board of Education, on or before August 1,
with adjusted estimate no later than January 2, shall submit to the Legislative
Budget Office and the Governor a proposed base student cost adequate to provide
the following cost components of educating a pupil in a successful school
district: (i) Instructional Cost; (ii) Administrative Cost; (iii) Operation
and Maintenance of Plant; and (iv) Ancillary Support Cost. For purposes of
these calculations, the Department of Education shall utilize financial data
from the second preceding year of the year for which funds are being
appropriated.

For the instructional cost
component, the Department of Education shall select districts that have been
identified as instructionally successful and have a ratio of a number of
teachers per one thousand (1,000) students that is between one (1) standard
deviation above the mean and two (2) standard deviations below the mean of the
statewide average of teachers per one thousand (1,000) students. The
instructional cost component shall be calculated by dividing the latest
available months one (1) through nine (9) ADA into the instructional
expenditures of these selected districts. For the purpose of this calculation,
the Department of Education shall use the following funds, functions and
objects:

Fund 1120 Functions 1110-1199
Objects 100-999, Functions

1210, 1220, 2150-2159
Objects 210 and 215;

Fund 1130 All Functions,
Object Code 210 and 215;

Fund 2001 Functions 1110-1199
Objects 100-999;

Fund 2070 Functions 1110-1199
Objects 100-999;

Fund 2420 Functions 1110-1199
Objects 100-999;

Fund 2711 All Functions,
Object Code 210 and 215.

Prior to the calculation of
the instructional cost component, there shall be subtracted from the above
expenditures any revenue received for Chickasaw Cession payments, Master
Teacher Certification payments and the district's portion of state revenue
received from the MAEP at-risk allocation.

For the administrative cost
component, the Department of Education shall select districts that have been
identified as instructionally successful and have a ratio of an administrative
staff to nonadministrative staff between one (1) standard deviation above the
mean and two (2) standard deviations below the mean of the statewide average
administrative staff to nonadministrative staff. The administrative cost
component shall be calculated by dividing the latest available months one (1)
through nine (9) ADA of the selected districts into the administrative
expenditures of these selected districts. For the purpose of this calculation,
the Department of Education shall use the following funds, functions and
objects:

Fund 1120 Functions 2300-2599,
Functions 2800-2899,

Objects 100-999;

Fund 2711 Functions 2300-2599,
Functions 2800-2899,

Objects 100-999.

For the plant and
maintenance cost component, the Department of Education shall select districts
that have been identified as instructionally successful and have a ratio of
plant and maintenance expenditures per one hundred thousand (100,000) square
feet of building space and a ratio of maintenance workers per one hundred
thousand (100,000) square feet of building space that are both between one (1)
standard deviation above the mean and two (2) standard deviations below the
mean of the statewide average. The plant and maintenance cost component shall
be calculated by dividing the latest available months one (1) through nine
(9) ADA of the selected districts into the plant and maintenance
expenditures of these selected districts. For the purpose of this calculation,
the Department of Education shall use the following funds, functions and
objects:

Fund 1120 Functions 2600-2699,
Objects 100-699

and Objects 800-999;

Fund 2711 Functions 2600-2699,
Objects 100-699

and Objects 800-999;

Fund 2430 Functions 2600-2699,
Objects 100-699

and Objects 800-999.

For the ancillary support
cost component, the Department of Education shall select districts that have
been identified as instructionally successful and have a ratio of a number of
librarians, media specialists, guidance counselors and psychologists per one
thousand (1,000) students that is between one (1) standard deviation above the
mean and two (2) standard deviations below the mean of the statewide average of
librarians, media specialists, guidance counselors and psychologists per one
thousand (1,000) students. The ancillary cost component shall be calculated by
dividing the latest available months one (1) through nine (9) ADA into
the ancillary expenditures instructional expenditures of these selected
districts. For the purpose of this calculation, the Department of Education
shall use the following funds, functions and objects:

Fund 1120 Functions 2110-2129,
Objects 100-999;

Fund 1120 Functions 2140-2149,
Objects 100-999;

Fund 1120 Functions 2220-2229,
Objects 100-999;

Fund 2001 Functions 2100-2129,
Objects 100-999;

Fund 2001 Functions 2140-2149,
Objects 100-999;

Fund 2001 Functions 2220-2229,
Objects 100-999.

The total base cost for each
year shall be the sum of the instructional cost component, administrative cost
component, plant and maintenance cost component and ancillary support cost
component, and any estimated adjustments for additional state requirements as
determined by the State Board of Education. Provided, however, that the base
student cost in fiscal year 1998 shall be Two Thousand Six Hundred Sixty-four
Dollars ($2,664.00).

For each of the fiscal years
between the recalculation of the base student cost under the provisions of this
paragraph (b), the base student cost shall be increased by an amount equal to
forty percent (40%) of the base student cost for the previous fiscal year,
multiplied by the latest annual rate of inflation for the State of Mississippi
as determined by the State Economist, plus any adjustments for additional state
requirements such as, but not limited to, teacher pay raises and health
insurance premium increases.

(c) Determination
of the basic adequate education program cost. The basic amount for current
operation to be included in the Mississippi Adequate Education Program for each
school district shall be computed as follows:

Multiply the average daily
attendance of the district by the base student cost as established by the
Legislature, which yields the total base program cost for each school district.

(d) Adjustment to
the base student cost for at-risk pupils. The amount to be included for at-risk
pupil programs for each school district shall be computed as follows: Multiply
the base student cost for the appropriate fiscal year as determined under
paragraph (b) by five percent (5%), and multiply that product by the number of
pupils participating in the federal free school lunch program in such school
district, which yields the total adjustment for at-risk pupil programs for such
school district.

(e) Add-on program
cost. The amount to be allocated to school districts in addition to the
adequate education program cost for add-on programs for each school district
shall be computed as follows:

(i) Transportation
cost shall be the amount allocated to such school district for the operational
support of the district transportation system from state funds.

(ii) Vocational or
technical education program cost shall be the amount allocated to such school
district from state funds for the operational support of such programs.

(iii) Special
education program cost shall be the amount allocated to such school district
from state funds for the operational support of such programs.

(iv) Gifted
education program cost shall be the amount allocated to such school district
from state funds for the operational support of such programs.

(v) Alternative
school program cost shall be the amount allocated to such school district from
state funds for the operational support of such programs.

(vi) Extended
school year programs shall be the amount allocated to school districts for
those programs authorized by law which extend beyond the normal school year.

(vii) University-based
programs shall be the amount allocated to school districts for those university-based
programs for handicapped children as defined and provided for in Section 37-23-131
et seq., Mississippi Code of 1972.

(viii) Bus driver
training programs shall be the amount provided for those driver training
programs as provided for in Section 37-41-1, Mississippi Code of 1972.

(f) Total projected
adequate education program cost. The total Mississippi Adequate Education
Program cost shall be the sum of the total basic adequate education program
cost (paragraph (c)), and the adjustment to the base student cost for at-risk
pupils (paragraph (d)) for each school district. In any year in which the MAEP
is not fully funded, the Legislature shall direct the Department of Education
in the K-12 appropriation bill as to how to allocate MAEP funds to school
districts for that year.

(g) The State Auditor
shall annually verify the State Board of Education's estimated calculations for
the Mississippi Adequate Education Program that are submitted each year to the
Legislative Budget Office on August 1 and the final calculation that is
submitted on January 2.

(2) Computation of the required
local revenue in support of the adequate education program. The amount
that each district shall provide toward the cost of the adequate education
program shall be calculated as follows:

(a) The State
Department of Education shall certify to each school district that twenty-eight
(28) mills, less the estimated amount of the yield of the School Ad Valorem Tax
Reduction Fund grants as determined by the State Department of Education, is
the millage rate required to provide the district required local effort for
that year, or twenty-seven percent (27%) of the basic adequate education
program cost for such school district as determined under paragraph (c),
whichever is a lesser amount. In the case of an agricultural high school,
the millage requirement shall be set at a level which generates an equitable
amount per pupil to be determined by the State Board of Education.

(b) The State
Department of Education shall determine the following from the annual
assessment information submitted to the department by the tax assessors of the
various counties: (i) the total assessed valuation of nonexempt property
for school purposes in each school district; (ii) assessed value of exempt
property owned by homeowners aged sixty-five (65) or older or disabled as defined
in Section 27-33-67(2), Mississippi Code of 1972; (iii) the school district's
tax loss from exemptions provided to applicants under the age of sixty-five
(65) and not disabled as defined in Section 27-33-67(1), Mississippi Code of
1972; and (iv) the school district's homestead reimbursement revenues.

(c) The amount of the
total adequate education program funding which shall be contributed by each
school district shall be the sum of the ad valorem receipts generated by the
millage required under this subsection plus the following local revenue sources
for the appropriate fiscal year which are or may be available for current
expenditure by the school district:

One hundred percent (100%)
of Grand Gulf income as prescribed in Section 27-35-309.

One hundred percent (100%)
of any fees in lieu of taxes as prescribed in Section 27-31-104.

(3) Computation of the
required state effort in support of the adequate education program.

(a) The required state
effort in support of the adequate education program shall be determined by
subtracting the sum of the required local tax effort as set forth in subsection
(2)(a) of this section and the other local revenue sources as set forth in
subsection (2)(c) of this section in an amount not to exceed twenty-seven percent
(27%) of the total projected adequate education program cost as set forth in
subsection (1)(f) of this section from the total projected adequate education
program cost as set forth in subsection (1)(f) of this section.

(b) Provided, however,
that in fiscal year 1998 and in the fiscal year in which the adequate education
program is fully funded by the Legislature, any increase in the said state
contribution to any district calculated under this section shall be not less
than eight percent (8%) in excess of the amount received by said district from
state funds for the fiscal year immediately preceding. For purposes of this
paragraph (b), state funds shall include minimum program funds less the add-on
programs, State Uniform Millage Assistance Grant Funds, Education Enhancement
Funds appropriated for Uniform Millage Assistance Grants and state textbook
allocations, and State General Funds allocated for textbooks.

(c) If the school
board of any school district shall determine that it is not economically
feasible or practicable to operate any school within the district for the full
one hundred eighty (180) days required for a school term of a scholastic year
as required in Section 37-13-63, Mississippi Code of 1972, due to an enemy
attack, a man-made, technological or natural disaster in which the Governor has
declared a disaster emergency under the laws of this state or the President of
the United States has declared an emergency or major disaster to exist in this
state, said school board may notify the State Department of Education of such
disaster and submit a plan for altering the school term. If the State Board of
Education finds such disaster to be the cause of the school not operating for
the contemplated school term and that such school was in a school district
covered by the Governor's or President's disaster declaration, it may permit
said school board to operate the schools in its district for less than one
hundred eighty (180) days and, in such case, the State Department of Education
shall not reduce the state contributions to the adequate education program
allotment for such district, because of the failure to operate said schools for
one hundred eighty (180) days.

(4) The Interim School
District Capital Expenditure Fund is hereby established in the State Treasury
which shall be used to distribute any funds specifically appropriated by the
Legislature to such fund to school districts entitled to increased allocations
of state funds under the adequate education program funding formula prescribed
in Sections 37-151-3 through 37-151-7, Mississippi Code of 1972, until such
time as the said adequate education program is fully funded by the
Legislature. The following percentages of the total state cost of increased
allocations of funds under the adequate education program funding formula shall
be appropriated by the Legislature into the Interim School District Capital
Expenditure Fund to be distributed to all school districts under the formula:
Nine and two-tenths percent (9.2%) shall be appropriated in fiscal year 1998,
twenty percent (20%) shall be appropriated in fiscal year 1999, forty percent
(40%) shall be appropriated in fiscal year 2000, sixty percent (60%) shall be
appropriated in fiscal year 2001, eighty percent (80%) shall be appropriated in
fiscal year 2002, and one hundred percent (100%) shall be appropriated in
fiscal year 2003 into the State Adequate Education Program Fund. Until July 1,
2002, such money shall be used by school districts for the following purposes:

(a) Purchasing,
erecting, repairing, equipping, remodeling and enlarging school buildings and
related facilities, including gymnasiums, auditoriums, lunchrooms, vocational
training buildings, libraries, school barns and garages for transportation
vehicles, school athletic fields and necessary facilities connected therewith,
and purchasing land therefor. Any such capital improvement project by a school
district shall be approved by the State Board of Education, and based on an
approved long-range plan. The State Board of Education shall promulgate
minimum requirements for the approval of school district capital expenditure
plans.

(b) Providing
necessary water, light, heating, air conditioning, and sewerage facilities for
school buildings, and purchasing land therefor.

(c) Paying debt
service on existing capital improvement debt of the district or refinancing
outstanding debt of a district if such refinancing will result in an interest
cost savings to the district.

(d) From and after
October 1, 1997, through June 30, 1998, pursuant to a school district capital
expenditure plan approved by the State Department of Education, a school
district may pledge such funds until July 1, 2002, plus funds provided for in
paragraph (e) of this subsection (4) that are not otherwise permanently pledged
under such paragraph (e) to pay all or a portion of the debt service on debt
issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101
through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301,
37-7-302 and 37-41-81, Mississippi Code of 1972, or debt issued by boards of
supervisors for agricultural high schools pursuant to Section 37-27-65,
Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to
Section 31-7-13, Mississippi Code of 1972, or to retire or refinance
outstanding debt of a district, if such pledge is accomplished pursuant to a
written contract or resolution approved and spread upon the minutes of an
official meeting of the district's school board or board of supervisors. It is
the intent of this provision to allow school districts to irrevocably pledge
their Interim School District Capital Expenditure Fund allotments as a constant
stream of revenue to secure a debt issued under the foregoing code sections.
To allow school districts to make such an irrevocable pledge, the state shall
take all action necessary to ensure that the amount of a district's Interim
School District Capital Expenditure Fund allotments shall not be reduced below
the amount certified by the department or the district's total allotment under
the Interim Capital Expenditure Fund if fully funded, so long as such debt
remains outstanding.

(e) [Repealed]

(f) [Repealed]

(g) The State Board of
Education may authorize the school district to expend not more than twenty
percent (20%) of its annual allotment of such funds or Twenty Thousand Dollars
($20,000.00), whichever is greater, for technology needs of the school
district, including computers, software, telecommunications, cable television,
interactive video, film, low-power television, satellite communications,
microwave communications, technology-based equipment installation and
maintenance, and the training of staff in the use of such technology-based
instruction. Any such technology expenditure shall be reflected in the local
district technology plan approved by the State Board of Education under Section
37-151-17, Mississippi Code of 1972.

(h) To the extent a
school district has not utilized twenty percent (20%) of its annual allotment
for technology purposes under paragraph (g), a school district may expend not
more than twenty percent (20%) of its annual allotment or Twenty Thousand
Dollars ($20,000.00), whichever is greater, for instructional purposes. The
State Board of Education may authorize a school district to expend more than
said twenty percent (20%) of its annual allotment for instructional purposes if
it determines that such expenditures are needed for accreditation purposes.

(i) The State
Department of Education or the State Board of Education may require that any
project commenced under this section with an estimated project cost of not less
than Five Million Dollars ($5,000,000.00) shall be done only pursuant to
program management of the process with respect to design and construction. Any
individuals, partnerships, companies or other entities acting as a program
manager on behalf of a local school district and performing program management
services for projects covered under this subsection shall be approved by the
State Department of Education.

Any interest accruing on any
unexpended balance in the Interim School District Capital Expenditure Fund
shall be invested by the State Treasurer and placed to the credit of each
school district participating in such fund in its proportionate share.

The provisions of this
subsection (4) shall be cumulative and supplemental to any existing funding
programs or other authority conferred upon school districts or school boards.

SECTION 4.
(1) Before February 1 of each year, the tax assessor of each county shall file
a report or reports with the State Department of Education which provide
information essential to the department in determining the amount that each
school district shall be required to provide toward the cost of the Adequate
Education Program Fund. A separate report must be filed for each school
district or part of a school district situated in the county and must include
the following information:

(a) The total assessed
valuation of nonexempt property for school purposes in the school district;

(b) The assessed value
of exempt property owned by homeowners aged sixty-five (65) or older or
disabled, as defined in Section 27-33-67(2), in the school district;

(c) The school
district's tax loss from exemptions provided to applicants under the age of
sixty-five (65) and not disabled, as defined in Section 27-33-67(1); and

(d) The school
district's homestead reimbursement revenues.

(2) The State Department of
Education shall prepare and make available to the tax assessor of each county a
form for the reports required under this section.

SECTION 5. This act
shall take effect and be in force from and after July 1, 2012.

Further, amend by
striking the title in its entirety and inserting in lieu thereof the following:

AN ACT TO AMEND SECTION 37-15-38, MISSISSIPPI CODE OF
1972, TO AUTHORIZE STUDENTS TO DUALLY ENROLL IN THEIR HOME HIGH SCHOOL AND A
LOCAL COMMUNITY COLLEGE IN A DUAL CREDIT PROGRAM CONSISTING OF HIGH SCHOOL
COMPLETION COURSES AND A WORK SKILLS CERTIFICATE PROGRAM; TO ESTABLISH THIS
DUAL CREDIT OPTION ON A PILOT PROGRAM BASIS TO BE IMPLEMENTED STATEWIDE IN THE
2013-2014 SCHOOL YEAR; TO PRESCRIBE THE COMPONENTS OF THE DUAL CREDIT OPTION
PROGRAM; TO AMEND SECTIONS 37-151-5 AND 37-151-7, MISSISSIPPI CODE OF 1972, TO
PROVIDE STATE FUNDING UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM FOR THE
DUAL CREDIT PROGRAM; TO REQUIRE THE COUNTY TAX ASSESSORS TO ANNUALLY SUBMIT TO
THE STATE DEPARTMENT OF EDUCATION CERTAIN INFORMATION RELATING TO THE ASSESSED
VALUE OF PROPERTY WHICH IS USED BY THE DEPARTMENT IN DETERMINING THE AMOUNT
THAT EACH SCHOOL DISTRICT MUST CONTRIBUTE TOWARD THE COST OF THE MISSISSIPPI
ADEQUATE EDUCATION PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO
MAKE A FORM AVAILABLE TO THE TAX ASSESSORS FOR THE SUBMISSION OF THE REPORTS;
AND FOR RELATED PURPOSES.